The Dishonesty of Biden’s Choice for No. 3 at the Justice Department

President Biden has nominated Vanita Gupta to be Associate Attorney General, the third highest position in the Justice Department.  Gupta was Assistant AG for Civil Rights under Obama.  As such, she was asked by the Attorney General, then Loretta Lynch, for a recommendation whether DOJ should seek the death penalty against the mass killer of black worshipers, Dylann Roof.  Gupta recommended against it on the preposterous grounds that mitigating factors outweighed aggravating ones.

She was asked about her role in making that recommendation at her Senate confirmation hearing.  Instead of telling the truth, she did a fancy dance designed to mislead the Judiciary Committee.  It was a deception worthy of a pickpocket, not someone who hopes to get a job overseeing the prosecution of criminals.  For her flagrant deceit alone, she should be rejected (indeed, her nomination should be withdrawn).

Paul Mirengoff has the story at Power Line.  In an earlier post, Paul noted:

[W]hen Sen. Marsha Blackburn asked Gupta about her opposition to the death penalty, the nominee assured the Senator that when she was at the DOJ she enforced the death penalty, notwithstanding her personal views. Gupta cited the case of Dylann Roof, the racist who killed Black churchgoers in Charleston, South Carolina. Gupta said that she enforced the law as to Roof and that he was convicted and sentenced to death “under her watch.”

“Under her watch,” got that?  What that answer is designed to suggest is that Gupta facilitated, or at the very minimum did not seek to obstruct, DOJ’s seeking a death sentence for Roof.  But here’s the deal:

Gupta’s statement is…extremely misleading. In reality, Gupta recommended not seeking the death penalty for Dylann Roof. In a memo explaining her recommendation, Gupta claimed that mitigating factors outweighed aggravating ones in Roof’s case.

So for any practical purpose, Gupta intentionally misled  —  that is, functionally lied  —  to the Senate about a matter that is not merely material, but quite important, to her earlier work at DOJ and to the work she would do if she were confirmed for an even higher post now.

There may be a world in which deceit like that is forgivable in a low-ranking prosecutor like a rookie AUSA (although not in my book).  But there is no world in which it is forgivable in the No. 3 at Main Justice.

Ms. Gupta should withdraw.  I’m sure President Biden can find someone at least equally pro-murderer but more honest.

P.S.  Although Gupta’s deceit alone requires her rejection, the absurdity and ideological warp of her recommendation in the Roof case isn’t far behind.  Again, Paul nails it:

[Gupta’s argument] was preposterous. This is clear from the statement Loretta Lynch issued after Roof’s conviction. She accurately described the facts as follows:

Roof conceived of his goal of increasing racial tensions throughout the nation and seeking retribution for perceived wrongs he believed African Americans had committed against white people.

To carry out these twin goals of fanning racial flames and exacting revenge, Roof further decided to seek out and murder African Americans because of their race. An essential element of his plan, however, was to find his victims inside of a church, specifically an African-American church, to ensure the greatest notoriety and attention to his actions.

As alleged, Roof set forth the evening of June 17, 2015 to carry out this plan and drove to the Emanuel African Methodist Episcopal Church in Charleston, South Carolina, known as “Mother Emanuel.” Mother Emanuel was his destination specifically because it was a historically African-American church of significance to the people of Charleston, of South Carolina and the nation.

On that summer evening, Dylann Roof found his targets, African Americans engaged in worship. Met with welcome by the ministers of the church and its parishioners, he joined them in their bible study group. The parishioners had bibles. Dylann Roof had his 45 caliber glock pistol and eight magazines loaded with hollow point bullets. And as set forth in the indictment, while the parishioners of Mother Emanuel were engaged in religious worship and bible study, Dylann Roof drew his pistol and opened fire on them, ultimately killing nine church members.

(Emphasis added by Paul)

Roof’s mass murder spree wasn’t just premeditated. Apparently, it was re-meditated. Roof said that the Blacks at the church were so welcoming to him that he reevaluated whether to kill them. He decided, again, to do so.

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There is no plausible argument that extenuating factors outweigh aggravating ones in Roof’s case. To conclude that they do would plainly contradict the view that  —  ready now?  —  Black Lives Matter.